Labour Inspectors may also fine you. Like any other problem in the workplace, the first step to resolving a dispute is to meet with the person (or people) involved. In New Zealand, every employee enjoys the protection of minimum rights, such as minimum wage rates, paid annual and public holidays, paid rest and unpaid meal breaks. The Employment Court process is complicated, so you should get help from someone with Employment Court expertise, like a lawyer. Make sure your employee knows they can bring a support person (like a friend or partner, a lawyer or a union representative). CALL US FROM ANYWHERE IN NZ It's not that simple. Being able to recognise, understand and deal with workplace conflicts will keep you safe from personal grievance cases and minimise the impact disputes can have on your business. A job may not work out as either party intended or hoped for at the start. Use the tool. Have you stopped to think about whether you want to employ some or all the existing employees? (external link) If you don’t resolve the issue, it could get worse or you could expose yourself to a personal grievance case. are independent people who are professionally trained to help parties resolve conflict. But both face similar challenges with ensuring that these opportunities are utilized. Questions to ask yourself before you start, How to research your market and competitors, Common business milestones – and how we can help. Here, the founders of inventory management startup. Find out more about the differences between contractors and employees. If you keep the clauses short and simple, they will be easier to understand and abide by. Auto Added by WPeMatico. For example, if the business gives the person a company car as part of their package, you should have a clause outlining expectations of company vehicle use. Use our Workplace Policy Builder to create policies tailored to your workplace. At this point, you might be tempted to include policies and procedures you want to be part of the business culture (better known as the house rules). It will help you get an idea of the big picture before progressing to more fine-grained assessment with a training provider. Incompatibility. Strengthening relationships with customers, How to approach workers about a health and safety issue, Simple steps to protect your intellectual property, Preparing for intellectual property advice, Protecting your intellectual property overseas, Protecting customer and employee information, Assess your management and leadership skills, Improve your management and leadership: Overview, Find the right type of funding for your business, Improving operational efficiency and innovation, Quality matters: understand and improve quality, Knowing your networks: supply and distribution, What governance is and why it’s important, Laying the groundwork for good governance, Governance: Key things to review if you do it yourself, Ministry of Business, Innovation, & Employment, dealing with any employee problem openly, honestly and without misleading the employee, treating staff consistently and without favouritism, discussing the issue as soon as you’re aware of it. MIL-OSI New Zealand: Lifewise strike: complaints … Latest 24/7; Government; Local Govt; Foreign Affairs; Covid-19 Updates; Home Employment Issues. Ensuring the terms and provisions are all clearly defined and match the reality of the job the person needs to do will ensure the employment agreement is legally robust, and will greatly reduce the likelihood of problems or disputes down the track. Proactively try to resolve a problem as soon as you spot one, by: If the issue is not resolved after these steps you could arrange independent mediation or go to the Employment Relations Authority (ERA). That includes your casual and part-time workers. You can also go to the ERA with an employment problem such as recovery of money from an employee. Being able to recognise, understand and deal with workplace conflicts will keep you safe from personal grievance cases and minimise the impact disputes can have on your business. Public holidays — employers and employers’ rights and obligations that apply to public holidays.. Sick leave — what to do when employees and their dependents are sick or injured.. Ending employment — what to do when an employee has resigned, been dismissed or made redundant.. If you’ve also included a disciplinary process, you must follow the steps that have been agreed to. The National Survey of Employment Intentions is a new survey which measures changes in workforce size and composition, and workforce arrangements since 22 March 2020. If an employee believes they have a personal grievance case against you and you can’t resolve it either internally or through mediation, they can file with the ERA. you appoint us as your support person or representative and we solely represent your best interests with the issues that you have. At its most basic, every employment agreement must have a number of clauses that are legally required. Freephone: 0800 209 020 Phone: +64 9 969 2950 (outside NZ) Website (external site link) Street address: 15 Stout Street. So you’ve worked through the mandatory clauses and added any others that ensure your employee (and you) know exactly what’s expected of them. Discuss the problem fully so that everyone understands exactly what happened and how. Venture Taranaki has launched a new 'PowerUp' programme to grow, connect, and support entrepreneur ideas and capability. Latest; Featured posts; Most popular; 7 days popular; By review score; Random; MIL-OSI New Zealand: Smelter extension brings certainty to Tiwai workers and community – E... January 15, 2021. sexually harassed (either by someone in authority or by a co-worker). Both parties would be better served if the agreement leaves room for flexibility or doesn’t specify times at all. Wellington 6011. We are able to assist with the Employment Relations Act 2000, designing and drafting employment agreements, Personal Grievances and dispute resolution relating to any aspect of the employer/employee relationship. The tool has tips to help you decide what to put in and leave out of your policy. For example, if there are changes to the nature or terms of the job you should update the agreement. These minimum entitlements are the responsibility of the employer and, by law, all employment agreements must provide them to all employees. #nzentrepreneur is made in stunning Wanaka and buzzing Auckland, New Zealand. You can get professional advice beforehand by contacting Employment New Zealand(external link). Talk to each other — you’re both responsible for this. Using a casual employment agreement for part-time workers. Latest . It is also helpful to have clear policies and procedures in place. Resolving employment issues. The Employment Relations Authority issues legally binding determinations and adheres to a process underpinned by legislation. As in all relationships, honesty and transparency are always the best policy. You can take a personal grievance against your employer. Quick-focus planning for growing businesses, Get support from people who can drive your business forward, Use our Compliance Matters tool to find out, Insights and articles on the latest business topics, Use the Employee Cost Calculator to estimate costs, Guide to keeping people healthy and safe at work, Tips on keeping track of employee performance, Tailored to your business and everyone you employ. In New Zealand, employment agreements (formerly known as employment contracts) set out the terms and conditions that govern the employment relationship, and under the Employment Relations Act 2000, every employee must have a signed, written employment agreement. Here, the founders of inventory management startup StockTrim share their best tips. Resolving problems(external link) — Employment New Zealand. Home » NZ Business Articles » Legal and Employment » Considering employment issues when buying a business. Legally, you have to amend the agreement if the hours of work change (this includes guaranteed hours, days of work, or start/finish times). In the eyes of the law, the workplace isn’t the Wild West and while it may be tempting to think you can get someone to work at your company without drawing up an employment agreement (EA) that you both sign, don’t give in to temptation. Regularly reviewing your employment agreements will also mean you stay compliant with laws and regulations. Employment Court of New Zealand(external link). Whether you are an employer or an employee, we can give you expert and independent advice and solutions. The U.S. Consulate General in Auckland was fortunate enough to host Jeffery Wallace, U.S. CEO of Remember, the employment agreement is the basis of the relationship between you and your employee. Is closing your business the right choice? 0800Dismissed can deliver guidance and support for employees facing an employment law grievance. pressured into joining or leaving a union or other employee organisation. We deal with all employment law issues relating to employees. A plain explanation of how to help resolve employment relationship problems. https://www.newzealandnow.govt.nz › work-in-nz › employment-rights The nature of the employment – for example, if the employment is fixed-term or permanent. So before you hire someone, it’s essential to consider what work needs to be done, how often, and for how long. Workplace & Employment. In this section. Use our Compliance Matters tool to find out the legal requirements you and your business must follow. This issue definition tool is intended for use by managers or employers who think they might have specific issues within their workplace. If you need employment law advice, we can help. Dominic Sutton and Paul Simpson, founders of Kiwi inventory management startup Stocktrim, share their capital raising lessons for startups. After investigating, the ERA can eg (these things are examples, not the only things the ERA can do): The ERA can also order you to cover your employee’s costs, or vice versa, if cost claims are lodged in writing. #nzentrepreneur ... See MoreSee Less, Christchurch’s Aerospace Industry Takes Flight – NZ Entrepreneur Magazine. You don’t want to end up in an employment dispute and find the agreement is missing important elements and is not legally binding. Failing to rectify issues can be expensive, distracting for other employees and potentially devastating for business. They are part of the Ministry of Business, Innovation and Employment. Insight: Are you a founder considering raising capital for the first time? Source: Worksafe New Zealand 20 January 2021 When Jason Johnstone was … Employment Issues. It is an independent body set up under the Employment Relations Act 2000. The employment agreement forms the legal basis for employment, and if a Labour Inspector finds you don’t have one for every single employee, no matter when they started, you could be in hot water. This may seem reasonably straightforward, but there are some mistakes that businesses commonly make: Having an employee on a type of agreement that does not match the reality of their work could mean you face an employment dispute or other costs, including outstanding wages, holiday pay, or PAYE tax. They’re not difficult to get right, but there are some common errors that every business wants to avoid. For example, if the agreement has stated times when your employee can take rest and meal breaks and this turns out to be difficult to achieve in the regular workday, it could be a breach of your employment agreement. tracy@cwlaw.nz. The New Zealand Labour Market Dashboard displays labour market information from many different sources in one place. There are often changes, eg to the minimum wage or how holiday pay is calculated, and you don’t want to be caught out because you failed to update the employment agreement. Common employment issues. While the good old DIY approach might save time, taking an old template and applying it to all new employees can be risky. Any ambiguity in the agreement could mean that your employee does not know what the business expects of them, and what their obligations and duties are. The wage rate or salary payable and how it will be paid. Make sure the meeting takes place in a location where you’ll have privacy. Set up the meeting with enough time to prepare beforehand and choose a time when you won’t be rushed. There must be a genuine reason for any changes and any amendments must be discussed with the employee and be made in writing. Be clear about the facts — make sure the problem isn’t based on an assumption or a misunderstanding. Our team of employment law experts will negotiate a Full and Final Settlement Agreement with an employer, attend mediation and prepare you for the settlement process. Once you’ve created an employment agreement and you and your employee have signed it, you both must follow the obligations within it. If your problem still is not solved. If you agree to a 90-day trial or probationary period, a certain number of working hours, a roster, on-call availability, or procedure for shift changes, these things should be clearly set out in clauses in the agreement. Many larger workplaces in New Zealand provide a service to help employees with any problems they are experiencing. Take detailed notes of everything that’s discussed, and share them afterwards with all parties. If mediation has not worked, you have other options. clarifying what the problem is and trying to resolve it. It’s called an Employee Assistance Programme (EAP). If you can’t resolve the issue internally, your next step is to seek mediation. However, going forward, it is much better to regularly review your employment agreements and update them if necessary. Like the ERA, the Court may refer your case back to a mediator. Find statistics about employment (people with paid jobs) and unemployment (people who don't have a paid job, but could be working) in NZ. Housing, poverty and employment are the main issues people in South Auckland are focused on this election, now just three days away. Sure, most individual employment agreements are broadly the same for all employees, but failing to tailor your agreements to each employee means you may miss important things (such as all the mandatory clauses) and put you in jeopardy of not complying with employment law. Contractors are self-employed and aren’t covered by most employment-related laws. New Zealand and the United States share similar opportunities for youth employment – strong economies, a thriving innovation sector, internship programs and diverse employment opportunities. Personal grievances. January 14, 2021. You don’t want to face an employment dispute, a fine from the Labour Inspectorate, or wind up in the Employment Court because there are issues with the employment agreement. For advice and support in interacting with the ERA, call Employsure on 0800 675 698, day or night. It’s much better to see the agreement as a building block for quality employment relationships, and a building block for a workplace culture of cooperation, trust, and excellence. Contact us — Employment New Zealand. LiveNews.co.nz. As an employer, you can’t ask your employees to agree to less than the basic rights and an employee could make a claim for disadvantage, breach of good faith, or unfair bargaining if they believe they were significantly disadvantaged during negotiations or during their employment. When you arrange a meeting about a dispute: Employment Mediation Services offers a free mediation service(external link) — or you can find an independent mediator. Employment Agreement Advice . So you and your new employee have signed the employment agreement, and you’ve filed it somewhere safe and accessible. Likewise, if you have a problem with an employee you must handle it promptly and fairly. Venture Taranaki has launched a new 'PowerUp' programme to grow, connect, and support entrepreneur ideas and capability. But before you do, think about whether you want to give the rules the permanence and legal weight of a clause in the agreement. It also measures employers’ intentions for 6 and 12 months in the future. Employment Issues. That means if an employee comes to management with a concern, you must listen, investigate, and take any necessary action to resolve the issue. Any employee can lodge a personal grievance against you if they feel that they’ve been: Employees must raise the grievance within 90 days of either: There’s no official way to raise the grievance – they can do it in writing or face-to-face, but it has to be sufficiently clear to make the employer aware that there is a grievance. So, navigating through the ERA can be difficult for many employers. Your thoughts and experiences can help us shape the content and resources on this website. You have to do this within 90 days of the incident. Phone (+64) 021 994 136, Copyright © 2019 NZ Entrepreneur Magazine Limited, Te Herenga Waka – Victoria University of Wellington. Migrant exploitation. How much money do you need to start a business? Ask if there’s one available in your workplace when you start work. For advice and support in interacting with the ERA, call Employsure on 0800 675 700, day or night. A statement that the employee will get (at least) time-and-a-half payment for working on a public holiday. Bullying, harassment and discrimination. The Ministry of Business, Innovation and Employment (MBIE), provide free mediation services for business of all shapes and sizes, through its employment mediation services. In the eyes of the law, the workplace isn’t the Wild West and while it may be tempting to think you can get someone to work at your company without drawing up an employment agreement (EA) that you both sign, don’t give in to temptation. Find out more about minimum rights of employees at Employment NZ. Also, if you ever found yourself in an employment dispute, an agreement without all the mandatory clauses may not provide the necessary legal protection. If you’re unhappy with an ERA decision, you can take your case to the Employment Court. The matters we commonly deal with are set out below. The employer has to get it right, so if you have been fired or forced to quit, we can help. It may be better to create non-contractual policies and procedures you want workers to follow. An employment agreement is the fundamental legal document between an employer and an employee. Latest; Featured posts; Most popular; 7 days popular; By review score; Random; Enhancing safety innovation in New Zealand. Having a watertight agreement will get you off to a good start and provide an honest foundation to build on. 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